News

— By John Merrick — Mediators are wedded primarily to one thing and one thing only: the deal. They do not care about saving the insurance company money. They do not care about putting more money in the pocket of the plaintiff. They do not care about the amount of the settlement. (And they should not care about any of these things) A mediator’s goal is to find out – usually without asking directly – how much one side will pay and how much the other side will accept. Then, the mediator attempts to bring the parties to that figure...

—By John Merrick — Mediation works when everyone participates in good faith. Good faith requires extensive preparation, recognition of risks and acknowledgment of weaknesses (at least internally). At worst, mediation forces everyone to focus on the potential for settlement at the same time. This triggers conversations (reports) that may otherwise not occur.  The defense attorney and insurance adjuster carefully review pre-mediation reports and update their settlement evaluations and potential verdict range. The plaintiff’s attorney reviews the strengths and weakness of the case, costs, benefits and risks of trial (versus the certainty of settlement) with the client. The mediator uses his...

—By John Merrick — How do you reach a fair settlement sooner rather than later? Answer: Allow sufficient time, provide adequate information and be reasonable. As a former insurance defense lawyer, I am often asked “What can I do to get so-and-so to settle this case 6 months before trial?” My normal response is, “Have you made a reasonable demand?” To which the usual response is “Not really” (for a variety of reasons). When the plaintiff makes an unreasonable demand, most defense attorneys have little incentive to try to resolve the case well in advance of a trial date. They...

—By John Merrick— Both sides get a bad rap: “greedy personal injury lawyers file frivolous suits” and “greedy insurance companies deny (defend against) worthy claims”. Neither one is true, but a few bad apples can ruin the whole bunch. If it was true, then why do 95% of cases settle? And, of the remaining 5% that go to trial, the result in personal injury cases is close to 50/50. Cases settle because of the calculated risk of an adverse result. The parties would rather have control over the result by way of settlement, than leave it in the hands of...

—By John Merrick — With a busy practice, it is tempting to set questions aside until there is enough time to provide a comprehensive response. But we know that our clients deserve a prompt and thorough response. To provide excellent service to our clients, I’ve prepared detailed responses to common questions so that I can respond immediately. I tailor the response to the particular facts in each case. One of the keys to providing a prompt response is to keep it simple and avoid getting bogged down by all the potential nuances. Save the nuances – “well, it depends” –...

— By John Merrick — As a plaintiff’s personal injury lawyer, it is important to think like a defense lawyer. For every case, I still put on my defense attorney hat and prepare a verdict and settlement analysis throughout the case. Below is a template I used for pre-trial reports in disputed liability cases where there was plenty of insurance coverage. [If there is a risk of an excess verdict, the analysis changes]. What sets our firm apart from most other personal injury attorneys, is that we each handled cases for the defense / insurance carriers for over a decade....

— By John Merrick — Your deposition has been scheduled – now what? A deposition is part of the discovery process, when an attorney gets to ask a person questions under oath. Here are the most important things to remember if you are deposed: The defense attorney is trying to figure out if a jury is going to like you (and believe you) or not; because if the jury likes you, you have a better chance of an excellent outcome. When the deposition is over, the attorney is going to write a report for the insurance company. You want the...

— By John Merrick — The 2024 Merrick Brock Fishing Extravaganza yielded 3 yellowfin tunas and an undisclosed amount of Miller Lite cans. This salty crew braved the high seas to spend a day together telling embellished courtroom stories and enjoying the low hum of the diesel engine, sunshine, fried chicken, an undulating ocean, and getting off the grid. Not a bad way to spend a Friday with several of the firm’s VIP’s. We are grateful for your referrals!

  — By John Merrick — John Merrick recently wrapped up his first year of a two-year term as President of the Lewis F. Powell, Jr. Inn of Court. The Inn recently celebrated together at Rocketts Landing and bestowed its Esther J. Windmueller Award. The award is named after one of the Inn’s founding members, who died in 2017 following a courageous battle with ovarian cancer. Congratulations to retired University of Richmond Law Professor Clark Williams for receiving the Award. The Award is awarded to an individual in the Richmond legal community who displays the following qualities consistently in both...

— By John Merrick — On May 1st, John Merrick was sworn in as Treasurer/Secretary of the Richmond Bar Association. “Law Day, celebrated on May 1 and throughout the month of May, has been a visible part of American legal culture since President Dwight D. Eisenhower established it in 1958 to celebrate the rule of law in a free society.” (uscourts.gov) The theme of Law Day 2024 is Voices of Democracy. The Richmond Bar Association celebrated Law Day at Lewis Ginter Botanical Gardens with a special guest, Virginia Supreme Court Justice Cleo Powell. She delivered thoughtful remarks encouraging attorneys to...